This chapter is intended to permit the use of lots, continuation of uses, and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this code in a manner that does not conflict with the General Plan or impact public health, safety, or general welfare. To that end, this chapter establishes the circumstances under which a nonconforming lot, use, or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.
(Ord. 24-002 § 5 (Exh. A))
The provisions of this chapter apply to structures, lots, and uses that have become nonconforming by adoption of this code as well as structures, lots, and uses that become nonconforming due to subsequent amendments to this code or to the zoning map.
(Ord. 24-002 § 5 (Exh. A))
A. 
Nonconformities, Generally. Any lawfully established use, structure, or lot that is in existence on the effective date of this code or any subsequent amendment but does not comply with all of the standards and requirements of this code shall be considered nonconforming.
B. 
Right to Continue. Any use or structure that was lawfully established prior to the effective date of this code or of any subsequent amendments to its text or to the zoning map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure; no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter.
1. 
The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership.
2. 
The right to continue a nonconforming use or structure shall not apply to uses or structures deemed to be a public nuisance because of health or safety conditions.
3. 
The right to continue a nonconforming use shall not apply if the nonconforming use has been abandoned or vacated for the relevant period of time described in DMC § 18.15.080, Abandonment of nonconforming uses.
(Ord. 24-002 § 5 (Exh. A))
Any lot that is smaller than the minimum lot size required by this code or does not meet the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is shown on a duly recorded subdivision map or if a certificate of compliance has been issued for the lot.
A. 
A nonconforming lot may be used as a building site subject to compliance with all applicable requirements, unless a variance or other waiver, modification, or exception is approved as provided for in this code.
B. 
A nonconforming lot shall not be further reduced in area, width, or depth, unless such reduction is allowed pursuant to a provision of the municipal code, required as part of a public improvement, or otherwise specifically allowed pursuant to State law.
C. 
Nonconforming contiguous lots held by the same owner shall be involuntarily merged if one (1) or more of the lots does not conform to the minimum lot size in compliance with Cal. Gov't Code § 66451.11.
(Ord. 24-002 § 5 (Exh. A))
Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this section unless deemed by the Building Official to be a public nuisance because of health or safety conditions.
A. 
Maintenance and Repairs. Structural and nonstructural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building footprint, or increase building height.
B. 
Alterations and Additions. Alterations and additions to nonconforming structures are allowed if the alteration or addition complies with all applicable laws and requirements of this code, the use of the property is conforming, and there is no increase in the discrepancy between existing conditions and the requirements of this code (i.e., there is no increase in the nonconformity).
C. 
Nonconforming Signs. Lawfully established signs that do not conform to the requirements of this code may only be maintained in compliance with the requirements of Chapter 18.18 DMC, Signs.
(Ord. 24-002 § 5 (Exh. A))
A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions:
A. 
Restoration When Damage is Fifty Percent (50%) or Less of Value. If the cost of repair or reconstruction is less than or equal to fifty percent (50%) of its replacement value immediately prior to such damage, as established by a certified appraiser, replacement of the damaged portions of the structure is allowed by right; provided, that the replaced portions are the same size, extent, and configuration as previously existed and the use, whether conforming or nonconforming, may be resumed.
B. 
Restoration When Damage Exceeds Fifty Percent (50%) of Value. If the cost of repair or reconstruction exceeds fifty percent (50%) of its replacement value immediately prior to such damage, as established by a certified appraiser, the land and building shall be subject to all of the requirements of this code, except as provided below.
1. 
Nonresidential Uses and Structures. Any nonconforming use must permanently cease and the structure shall be restored and used only in compliance with the requirements of this code.
2. 
Residential Uses and Structures. Nonconforming residential uses may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed provided the rebuilt development complies with all current design and property development standards.
a. 
Timing. Building permits must be obtained within one (1) year of the date of the damage or destruction and construction shall start within one hundred eighty (180) days and diligently pursued to completion unless another time period is specified through conditional use permit approval.
(Ord. 24-002 § 5 (Exh. A))
Nonconforming uses shall not be expanded, moved, or changed except as provided below.
A. 
Change in Tenancy, Ownership, or Management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use, as defined in Chapter 18.34 DMC, Use Classifications.
B. 
Change From Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use. Once a nonconforming use has been changed, it shall not be reestablished.
C. 
Absence of Permit. Any use that is nonconforming solely by reason of the absence of a permit or approval may be changed to a conforming use by obtaining the appropriate permit or approval.
D. 
Nonconforming Uses in Damaged or Destroyed Structures.
1. 
Nonconforming Uses in Nonconforming Structures. Where a nonconforming use is located within a nonconforming structure and the nonconforming structure is damaged or destroyed, the nonconforming use may only be resumed as allowed pursuant to DMC § 18.15.060, Repair and replacement of damaged or destroyed nonconforming structures.
2. 
Nonconforming Uses in Conforming Structures. Where a nonconforming use is located within a conforming structure and the conforming structure is damaged or destroyed, the nonconforming use may only be resumed as follows:
a. 
When Structure Damage is Fifty Percent (50%) or Less of Value. If the cost of repair or reconstruction of the structure is less than or equal to fifty percent (50%) of its replacement value immediately prior to such damage, as established by a certified appraiser, the nonconforming use may be resumed.
b. 
When Structure Damage Exceeds Fifty Percent (50%) of Value. If the cost of repair or reconstruction of the structure exceeds fifty percent (50%) of its replacement value immediately prior to such damage, as established by a certified appraiser, any nonconforming residential use may be resumed up to the same number of dwelling units prior to the damage. Any nonconforming nonresidential use must permanently cease.
(Ord. 24-002 § 5 (Exh. A))
No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of six (6) months. The six (6) month period shall commence when the use ceases and any one (1) of the following occurs:
A. 
The site is vacated;
B. 
The business license lapses;
C. 
Utilities are terminated; or
D. 
The lease is terminated.
(Ord. 24-002 § 5 (Exh. A))